Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 19, 2018, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Loren Kase, Jamie Lee Korns, Josh Lorenz, Tony Spadaro, Carl Stepanovich. Also present were Chief Administrator, James Morrison, Solicitor, George Kotjarapoglus, Director of Finance, Diane Heming, and Director of Engineering, Scott Hilty. Councilman Dayne Dice and Mayor Synan were absent. PUBIC HEARING COMCAST CABLE FRANCHISE RENEWAL Mr. Lorenz read opening remarks on the Comcast cable franchise renewal. This public hearing is held pursuant to Section 626 of the Federal Cable Act, which sets forth the process for franchise renewal. This public hearing is part of the preliminary portion of franchise renewal in which the Municipality reviews the cable operator’s past performance and identifies the Municipality’s future cable-related community needs. As such, as part of this public hearing, citizens are invited to speak regarding either or both of the aforementioned subjects. Franchise renewal is the best opportunity for municipalities to assert their rights with respect to their cable operator and to obtain important benefits in return for granting the cable operator the rights to use their public rights-of-way. Benefits include: A state-of-the art cable system now and in the future; strong customer service standards; free services to community facilities; better reporting requirements from the cable operators; maximized franchise fees; public, educational and governmental (PEG) channel(s); PEG capital supporting funding; legal protections of the rights-of-way; and better mechanisms to enforce the Franchise Agreement. There were no citizen comments from the audience. Mrs. Lee Korns made a motion to close the public hearing regarding the Comcast cable franchise renewal. Ms. Brockway seconded the motion. All present voted aye. Motion approved. The Public Hearing was closed at 7:06 p.m. 2018 OUTSTANDING ACHIEVEMENT AWARD MICHAEL HILER Mr. Morrison stated that, unfortunately, Mr. Hiler had emergency gall bladder surgery; the presentation of the 2018 Outstanding Achievement Award will be moved to the January meeting. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Jamie Lee Korns, Tony Spadaro, Carl Stepanovich, Loren Kase, Josh Lorenz, Toni Brockway, Dayne Dice - absent, and Mayor Synan - absent. PLEDGE OF ALLEGIANCE: Mr. Lorenz led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: Mr. Lorenz noted that there are several unlisted amendments; 14.B Resolution 693-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Muthappan Building; and 14.C Resolution 694-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the Kish subdivision. An executive session will be held in regards to a legal issue. Mrs. Lee Korns moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. Accounts Payable B. Cash Investments and Transfers C. December 5, 2018, Council Meeting Minutes Mr. Spadaro moved to approve the consent calendar items. Mr. Stepanovich seconded. All present voted aye. Motion approved. MAYOR’S COMMENTS: Mr. Morrison stated that there were no comments from the Mayor other than wishing everyone a Merry Christmas. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison noted that Republic Services will be closed Christmas Day and New Year’s Day. There will be trash pickup on Christmas Eve and New Year’s Eve. Trash pickup will run one day behind following each holiday the remainder of that week. Christmas tree recycling will be sponsored by the Murrysville/Export Rotary at the Windstream parking lot near the Giant Eagle on January 5 and 12 from 9:00 a.m. – 1:00 p.m. In January, FTMSA will be increasing its rates. If any resident has any questions or comments, they can contact FTMSA at 724-327-1950. The reorganization meeting for Council will be Wednesday, January 2, 2019 at 7:00 p.m. The staff wishes everyone a Merry Christmas and Happy New Year. COMMUNITY INPUT: Mr. Lorenz stated that this is the opportunity for the Murrysville community to talk about anything they’d like to talk about as long as it is three minutes or less. Mark Hanna, 2940 Sunset Circle: Mr. Hanna stated that he has been a resident of Murrysville for 40 years. Mr. Hanna had some questions regarding the County Comprehensive Plan that is going to be voted on tomorrow by the Westmoreland County Commissioners in Greensburg. The plan sounds like a very good plan. What exposure does Murrysville Council or other elected officials have to the plan and the implementation of the plan? Has Council seen or read the plan and are they on board with the plan or are there some concerns? Mr. Morrison stated that he was involved in some of the planning meetings in representing Murrysville through the process. This is a planning document that makes recommendations which aren’t necessary vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 requirements put on a municipality. A representative from the Commissioner’s Office was here about a month ago to speak about the plan and it was presented to Council at that point. There has not been any official action brought to Council. As far as adoption of the plan is concerned, the Municipality has not received any information of a date. The consultant that was hired did a very professional job on creating the plan. The county plan does not impose or impact the local municipality. Any actions or recommendations made by the plan that pertain to Murrysville would have to be actions adopted on and acted upon by Council. Mrs. Lee Korns stated that a plan is only as good as how often you look at it and reflect on it to see if you are reaching your goals or need to readjust your goals. Council respects the county plan. There is a lot of good in it, but Council will always put Murrysville first. LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Spadaro: Last night the Planning Commission passed the Franklin Estates Plan No. 8. The minor subdivision is located south of Route 22 behind Berlin Farm Road. This will be forwarded to Council for the next meeting. All concerns and comments have been approved by the Planning Commission. The Titan Well Pad Land Development workshop and public hearing were cancelled last night and moved to January 16th. Mr. Stepanovich: The Parks and Recreation Committee met on December 11 and noted that the Light-up Night was well attended. There were thirteen vendors in the gym. Walmart donated the food. There were twenty-nine gingerbread houses. There was a discussion on geo caching. The containers are unfortunately being stolen. There are active sites where you can still get on to conduct your geo-caching. Further details on geo-caching will be discussed at the next meeting. The 50th Anniversary write-ups are prepared and will be presented to the Penn-Franklin in sequence when the parks open. Further information on finances for the status of 2018 and 2019 projections will be discussed with the Finance Director. The trail plan was presented to Planning. A presentation of that plan will be brought to Council sometime in the future. Scott Kelsey and Terry Black’s terms are expiring and they will be re-applying to the Commission. Next meeting is January 8. Mr. Kase: Medic One meets tomorrow. Mr. Kase noted that the new Medic One building is what’s being built in the area between Medic One and the Murrysville Fire Department. Mrs. Lee Korns: There were no Committee Reports from Pension or Finance. Mrs. Lee Korns wanted to give an update on voting concerns of long lines at the elections. Council has heard and is well aware of the concerns and is committed to taking action. Council has been reviewing the laws and codes relative to what Council can or cannot do and what can be done to improve the situation for voters in the community. Mrs. Lee Korns has been in communication with the Election Bureau and reviewing the boundaries. There have been a few options. Ms. Brockway and Mr. Stepanovich have also been working on this. The Election Bureau did note that with going through the proper channels at the county level, any changes will not take place until next year’s primary election. Ms. Brockway: The Library Board meets tomorrow. Ms. Brockway noted that she received a letter from Mayor Synan and read part of the letter and hopes that everyone listening will think about donating to the vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Library. No matter your interest, the Murrysville Community Library has something for you. Your end-of- the-year donation will ensure collections stay relevant, and access to technology and training can keep pace with change. Whether you prefer to give once a year or once a month with cash or stock, your generous donation to the Murrysville Community Library Foundation directly supports library services ranging from traditional to radical and everything in between. Ms. Brockway asked that you please consider donating to library. Donations can be sent directly to the library or there was a letter sent in the mail with other options. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of Ordinance No. 1000-18, the 2019 Tax Ordinance Mrs. Lee Korns made a motion to consider approval of Ordinance No. 1000-18, the 2019 Tax Ordinance. Ms. Brockway seconded. Ms. Heming noted that this is the same ordinance that was presented with the budget. There is no tax increase and the total millage has not changed. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 13.B. Consider approval of Ordinance No. 1001-18, the 2019 Salary Ordinance Ms. Brockway made a motion to consider approval of Ordinance No. 1001-18, the 2019 Salary Ordinance. Mr. Stepanovich seconded. Ms. Heming stated that this is part of the same budget that was presented to Council. All of the salaries are within their department’s ranges. The only department that was not adjusted at this time was the police department, because negotiations are still in process. Once a settlement is reached, this document will be amended with a new ordinance number containing the new salaries. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 13.C. Consider approval of Resolution No. 690-18, the 2019 Operating Budget Mrs. Lee Korns made a motion to consider approval of Resolution No. 690-18, the 2019 Operating Budget. Ms. Brockway seconded. Ms. Heming stated that this is the same budget that was presented to Council in November. The two ordinances just passed by Council support this budget and there were no changes from what was previously presented. Mr. Stepanovich asked how the Municipality can go year after year without a tax increase, which is a compliment that the Municipality is able to do that. Mr. Morrison stated that it is getting tougher every year, but we are fortunate in the community. The majority of the Municipality’s revenues are based on earned income tax. There are about 40 to 45 new homes each year and there is earned income which the Municipality has seen growth in year after year. The growth in both those revenue sources seems to be slowing and the Municipality is very conscience of that. Ms. Heming noted that each department head is very conscientious about his/her budgets, which helps control costs. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 13.D. Consider approval of Ordinance No.1002-18, an ordinance establishing the employee contribution rate for the Uniform Pension Plan for 2019 Mr. Stepanovich made a motion to consider approval of Ordinance No.1002-18, an ordinance establishing the employee contribution rate for the Uniform Pension Plan for 2019 at 5%. Mrs. Lee Korns seconded. Ms. Heming stated that Act 600 requires an ordinance that approves the annual contribution rate each year. The contribution rate hasn’t changed. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Consider approval of S-9-18, Cassol Family Trust Plan (Fusting Subdivision), Route 22/Manor/Wilson intersections, 3-lot subdivision, B and R-3 zoning Mrs. Lee Korns made a motion to consider approval of S-9-18, Cassol Family Trust Plan (Fusting Subdivision), Route 22/Manor/Wilson intersection, 3-lot subdivision, B and R-3 zoning. Mr. Spadaro seconded. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Mr. Lorenz noted that all conditions were met at the Planning Commission stage. The applicant agreed to all the conditions that had been presented. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 14.B Consider approval of Resolution 693-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the Muthappan Building Mrs. Lee Korns make a motion to consider approval of Resolution No. 693-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the Muthappan building. Mr. Kase seconded. Mr. Morrison noted that the building plans were approved at a previous meeting and this is for the allocation of taps for construction of the building. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 14.C Consider approval of Resolution 694-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the Kish subdivision Mr. Kase made a motion to consider approval of Resolution 694-18 amending the Municipality of Murrysville Act 537 Plan for New Land Development regarding the Kish subdivision. Mr. Spadaro seconded. Mr. Morrison noted that this three-lot subdivision was approved at a previous meeting and this is for the allocation of taps for development of those three properties. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – abstain (because he represents the applicant), and Ms. Brockway - yes. Motion approved. ENGINEERING: 15.A Authorize advertisement of Ordinance No. 999-18, an ordinance granting an electric line Right-of- Way and easement to West Penn Power Company across municipal land known as Murrysville Community Park for installation of a transformer and underground electrical conduit Ms. Brockway made a motion to authorize advertisement of Ordinance No. 999-18, an ordinance granting an electric line Right-of-Way and easement to West Penn Power Company across municipal land known as Murrysville Community Park for installation of a transformer and underground electrical conduit. Mrs. Lee Korns seconded. Mr. Hilty, Municipal Engineer, stated that to service the spray park and restroom area, a new service line needs installed according to the standard easement agreement. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 15.B. Consider reduction of the sequestered fund amount being held for the required improvements at the Bella Molise Development Mr. Kase made a motion to consider reduction of the sequestered fund amount being held for the required improvements at the Bella Molise Development from $328,749.58 to $281,983.17. Mrs. Lee Korns seconded. Mr. Hilty stated that this is the second request that has been processed. Most of the stormwater lines and detention basins are in and will be working on some of the utilities during the winter months. The pavement has been reviewed by the design engineer and approved and the Municipality has also verified that the work has been done by the plan. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. 15.C. Consider authorization to grant permission to the Westmoreland County Conservation District to enter upon Municipality property to perform five (5) stormwater basin retrofits. Mrs. Lee Korns made a motion to grant permission to the Westmoreland County Conservation District to enter onto Municipality property to perform five (5) stormwater basin retrofits. Ms. Brockway seconded. Mr. Hilty stated that back in January 2017, the Westmoreland County Conservation District and the Municipality supported a Growing Greener grant which was submitted and subsequently approved to retrofit six stormwater basins. Five of those are public entities owned by the Municipality. One was in Franklin Estates which was already signed off by the owner. Bids will probably go out in February or March. Mr. Hilty noted that these ponds are part of the pollution reduction plan which was recently submitted for the MS-4. Basically, the openings will be resized according to the new design standards and take out some of the debris which has settled on the bottom on the pond. Upon a roll call vote: Mrs. Lee Korns – yes, Mr. Spadaro - yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Lorenz – yes, and Ms. Brockway - yes. Motion approved. PUBLIC WORKS AND PARKS: None OLD BUSINESS: None NEW BUSINESS: Mr. Morrison asked what Council would like to do with the January meetings. The first meeting on January 2 will be the reorganization meeting as required by the Home Rule Charter. There are five Wednesdays in January. Would Council need to have two regular meetings; January 16 and 30, or just January 16? After a brief discussion, Council decided to have the reorganization meeting on January 2 and tentatively have one regular meeting on January 16. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 19, 2018 Mr. Lorenz, on behalf of Council, wanted to wish everyone a very Merry Christmas and a Happy New Year. Mr. Lorenz wanted to thank the staff and solicitor for a very busy, a very active year, and a job very well done and a thank you to his fellow council members as well. EXECUTIVE SESSION: Council adjourned to an Executive Session at 8:05 p.m. regarding a legal issue. No action coming out of this session was anticipated. ACTION ITEMS: As discussed ADJOURNMENT: The meeting was adjourned at 8:30 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true copy of the Council meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. vmp